Compilation of the Social Security Laws

Purpose of Agreement

Sec. 218. [42 U.S.C. 418](a)(1) The Commissioner
of Social Security shall, at the request of any State, enter into
an agreement with such State for the purpose of extending the insurance
system established by this title to services performed by individuals
as employees of such State or any political subdivision thereof. Each
such agreement shall contain such provisions, not inconsistent with
the provisions of this section, as the State may request.

(2) Notwithstanding
section 210(a), for the purposes of this title the term “employment” includes any service included under an agreement entered into under
this section.

Definitions

(1) The term “State” does not include the District of Columbia, Guam, or
American Samoa.

(2) The term “political subdivision” includes an instrumentality of (A)
a State, (B) one or more political subdivisions of a State, or (C)
a State and one or more of its political subdivisions.

(3) The term “employee” includes an officer of a State or political subdivision.

(4) The term “retirement system” means a pension, annuity, retirement, or
similar fund or system established by a State or by a political subdivision
thereof.

(5) The term “coverage group” means (A) employees of the State other than
those engaged in performing service in connection with a proprietary
function; (B) employees of a political subdivision of a State other
than those engaged in performing service in connection with a proprietary
function; (C) employees of a State engaged in performing service in
connection with a single proprietary function; or (D) employees of
a political subdivision of a State engaged in performing service in
connection with a single proprietary function. If under the preceding
sentence an employee would be included in more than one coverage group
by reason of the fact that he performs service in connection with
two or more proprietary functions or in connection with both a proprietary
function and a nonproprietary function, he shall be included in only
one such coverage group. The determination of the coverage group in
which such employee shall be included shall be made in such manner
as may be specified in the agreement. Persons employed under section
709 of title 32, United States Code[221], who elected under section 6
of the National Guard Technicians Act of 1968[222] to remain
covered by an employee retirement system of, or plan sponsored by,
a State or the Commonwealth of Puerto Rico, shall, for the purposes
of this Act, be employees of the State or the Commonwealth of Puerto
Rico and (notwithstanding the preceding provisions of this paragraph),
shall be deemed to be a separate coverage group. For purposes of this
section, individuals employed pursuant to an agreement, entered into
pursuant to section 205 of the Agricultural Marketing Act of 1946[223] (7 U.S.C. 1624) or section 14 of the Perishable Agricultural Commodities
Act, 1930[224] (7 U.S.C. 499n), between a State and the United States
Department of Agriculture to perform services as inspectors of agricultural
products may be deemed, at the option of the State, to be employees
of the State and (notwithstanding the preceding provisions of this
paragraph) shall be deemed to be a separate coverage group.

Services Covered

(c)(1) An agreement under
this section shall be applicable to any one or more coverage groups
designated by the State.

(2) In the case of
each coverage group to which the agreement applies, the agreement
must include all services (other than services excluded by or pursuant
to subsection (d) or paragraph (3), (5), or (6) of this subsection)
performed by individuals as members of such group.

(3) Such agreement
shall, if the State requests it, exclude (in the case of any coverage
group) any one or more of the following:

(A) All services
in any class or classes of (i) elective positions, (ii) part-time
positions, or (iii) positions the compensation for which is on a fee
basis;

(B) All services
performed by individuals as members of a coverage group in positions
covered by a retirement system on the date such agreement is made
applicable to such coverage group, but only in the case of individuals
who, on such date (or, if later, the date on which they first occupy
such positions), are not eligible to become members of such system
and whose services in such positions have not already been included
under such agreement pursuant to subsection (d)(3).

(4) The Commissioner
of Social Security shall, at the request of any State, modify the
agreement with such State so as to (A) include any coverage group
to which the agreement did not previously apply, or (B) include, in
the case of any coverage group to which the agreement applies, services
previously excluded from the agreement; but the agreement as so modified
may not be inconsistent with the provisions of this section applicable
in the case of an original agreement with a State. A modification
of an agreement pursuant to clause (B) of the preceding sentence may
apply to individuals to whom paragraph (3)(B) is applicable (whether
or not the previous exclusion of the service of such individuals was
pursuant to such paragraph), but only if such individuals are, on
the effective date specified in such modification, ineligible to be
members of any retirement system or if the modification with respect
to such individuals is pursuant to subsection (d)(3).

(5) Such agreement
shall, if the State requests it, exclude (in the case of any coverage
group) any agricultural labor, or service performed by a student,
designated by the State. This paragraph shall apply only with respect
to service which is excluded from employment by any provision of section 210(a) other than
paragraph (7) of such section and service the remuneration for which
is excluded from wages by subparagraph (B) of section 209(a)(7).

(7) No agreement may
be made applicable (either in the original agreement or by any modification
thereof) to service performed by any individual to whom paragraph
(3)(B) is applicable unless such agreement provides (in the case of
each coverage group involved) either that the service of any individual
to whom such paragraph is applicable and who is a member of such coverage
group shall continue to be covered by such agreement in case he thereafter
becomes eligible to be a member of a retirement system, or that such
service shall cease to be so covered when he becomes eligible to be
a member of such a system (but only if the agreement is not already
applicable to such system pursuant to subsection (d)(3)), whichever
may be desired by the State.

(8)(A) Notwithstanding
any other provision of this section, the agreement with any State
entered into under this section may at the option of the State be
modified at any time to exclude service performed by election officials
or election workers if the remuneration paid in a calendar year for
such service is less than $1,000 with respect to service performed
during any calendar year commencing on or after January 1, 1995, ending
on or before December 31, 1999, and the adjusted amount determined
under subparagraph (B) for any calendar year commencing on or after
January 1, 2000, with respect to service performed during such calendar
year. Any modification of an agreement pursuant to this paragraph
shall be effective with respect to services performed in and after
the calendar year in which the modification is mailed or delivered
by other means to the Commissioner of Social Security.

(B) For each year
after 1999, the Commissioner of Social Security shall adjust the amount
referred to in subparagraph (A) at the same time and in the same manner
as is provided under section 215(a)(1)(B)(ii) with respect
to the amounts referred to in section 215(a)(1)(B)(i), except that—

(i) for purposes of
this subparagraph, 1997 shall be substituted for the calendar year
referred to in section 215(a)(1)(B)(ii)(II), and

(ii) such amount
as so adjusted, if not a multiple of $100, shall be rounded to the
next higher multiple of $100 where such amount is a multiple of $50
and to the nearest multiple of $100 in any other case.

The Commissioner of Social Security shall determine and publish
in the Federal Register each adjusted amount determined under this
subparagraph not later than November 1 preceding the year for which
the adjustment is made.

Positions Covered By Retirement Systems

(d)(1) No agreement with
any State may be made applicable (either in the original agreement
or by any modification thereof) to any service performed by employees
as members of any coverage group in positions covered by a retirement
system either (A) on the date such agreement is made applicable to
such coverage group, or (B) on the date of enactment of the succeeding
paragraph of this subsection[225] (except in the
case of positions which are, by reason of action by such State or
political subdivision thereof, as may be appropriate, taken prior
to the date of enactment of such succeeding paragraph, no longer covered
by a retirement system on the date referred to in clause (A), and
except in the case of positions excluded by paragraph (5)(A)). The
preceding sentence shall not be applicable to any service performed
by an employee as a member of any coverage group in a position (other
than a position excluded by paragraph (5)(A)) covered by a retirement
system on the date an agreement is made applicable to such coverage
group if, on such date (or, if later, the date on which such individual
first occupies such position), such individual is ineligible to be
a member of such system.

(2) It is hereby declared
to be the policy of the Congress in enacting the succeeding paragraphs
of this subsection that the protection afforded employees in positions
covered by a retirement system on the date an agreement under this
section is made applicable to service performed in such positions,
or receiving periodic benefits under such retirement system at such
time, will not be impaired as a result of making the agreement so
applicable or as a result of legislative enactment in anticipation
thereof.

(3) Notwithstanding
paragraph (1), an agreement with a State may be made applicable (either
in the original agreement or by any modification thereof) to service
performed by employees in positions covered by a retirement system
(including positions specified in paragraph (4) but not including
positions excluded by or pursuant to paragraph (5)), if the governor
of the State, or an official of the State designated by him for the
purpose, certifies to the Commissioner of Social Security that the
following conditions have been met:

(A) A referendum
by secret written ballot was held on the question of whether service
in positions covered by such retirement system should be excluded
from or included under an agreement under this section;

(B) An opportunity
to vote in such referendum was given (and was limited) to eligible
employees;

(C) Not less than
ninety days’ notice of such referendum was given to all such
employees;

(D) Such referendum
was conducted under the supervision of the governor or an agency or
individual designated by him; and

(E) A majority
of the eligible employees voted in favor of including service in such
positions under an agreement under this section.

An employee shall be deemed an “eligible employee” for purposes of any referendum with respect to any retirement system
if, at the time such referendum was held, he was in a position covered
by such retirement system and was a member of such system, and if
he was in such a position at the time notice of such referendum was
given as required by clause (C) of the preceding sentence; except
that he shall not be deemed an “eligible employee” if,
at the time the referendum was held, he was in a position to which
the State agreement already applied, or if he was in a position excluded
by or pursuant to paragraph (5). No referendum with respect to a retirement
system shall be valid for purposes of this paragraph unless held within
the two-year period which ends on the date of execution of the agreement
or modification which extends the insurance system established by
this title to such retirement system, nor shall any referendum with
respect to a retirement system be valid for purposes of this paragraph
if held less than one year after the last previous referendum held
with respect to such retirement system.

(4) For the purposes
of subsection (c) of this section, the following employees shall be
deemed to be a separate coverage group—

(A) all employees
in positions which were covered by the same retirement system on the
date the agreement was made applicable to such system (other than
employees to whose services the agreement already applied on such
date);

(B) all employees
in positions which became covered by such system at any time after
such date; and

(C) all employees
in positions which were covered by such system at any time before
such date and to whose services the insurance system established by
this title has not been extended before such date because the positions
were covered by such retirement system (including employees to whose
services the agreement was not applicable on such date because such
services were excluded pursuant to subsection (c)(3)(B)).

(5)(A) Nothing in
paragraph (3) of this subsection shall authorize the extension of
the insurance system established by this title to service in any policeman’s
or fireman’s position.

(B) At the request
of the State, any class or classes of positions covered by a retirement
system which may be excluded from the agreement pursuant to paragraph
(3) or (5) of subsection (c), and to which the agreement does not
already apply, may be excluded from the agreement at the time it is
made applicable to such retirement system; except that, notwithstanding
the provisions of paragraph (3)(B) of such subsection, such exclusion
may not include any services to which such paragraph (3)(B) is applicable.
In the case of any such exclusion, each such class so excluded shall,
for purposes of this subsection, constitute a separate retirement
system in case of any modification of the agreement thereafter agreed
to.

(6)(A) If a retirement
system covers positions of employees of the State and positions of
employees of one or more political subdivisions of the State, or covers
positions of employees of two or more political subdivisions of the
State, then, for purposes of the preceding paragraphs of this subsection,
there shall, if the State so desires, be deemed to be a separate retirement
system with respect to any one or more of the political subdivisions
concerned and, where the retirement system covers positions of employees
of the State, a separate retirement system with respect to the State
or with respect to the State and any one or more of the political
subdivisions concerned. Where a retirement system covering positions
of employees of a State and positions of employees of one or more
political subdivisions of the State, or covering positions of employees
of two or more political subdivisions of the State, is not divided
into separate retirement systems pursuant to the preceding sentence
or pursuant to subparagraph (C), then the State may, for purposes
of subsection (e) only, deem the system to be a separate retirement
system with respect to any one or more of the political subdivisions
concerned and, where the retirement system covers positions of employees
of the State, a separate retirement system with respect to the State
or with respect to the State and any one or more of the political
subdivisions concerned.

(B) If a retirement
system covers positions of employees of one or more institutions of
higher learning, then, for purposes of such preceding paragraphs there
shall, if the State so desires, be deemed to be a separate retirement
system for the employees of each such institution of higher learning.
For the purposes of this subparagraph, the term “institutions
of higher learning” includes junior colleges and teachers colleges.
If a retirement system covers positions of employees of a hospital
which is an integral part of a political subdivision, then, for purposes
of the preceding paragraphs there shall, if the State so desires,
be deemed to be a separate retirement system for the employees of
such hospital.

(C) For the purposes
of this subsection, any retirement system established by the State
of Alaska, California, Connecticut, Florida, Georgia, Illinois, Kentucky,
Louisiana, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico,
New York, North Dakota, Pennsylvania, Rhode Island, Tennessee, Texas,
Vermont, Washington, Wisconsin, or Hawaii, or any political subdivision
of any such State, which, on, before, or after the date of enactment
of this subparagraph[226], is divided into two divisions or parts, one of which
is composed of positions of members of such system who desire coverage
under an agreement under this section and the other of which is composed
of positions of members of such system who do not desire such coverage,
shall, if the State so desires and if it is provided that there shall
be included in such division or part composed of members desiring
such coverage the positions of individuals who become members of such
system after such coverage is extended, be deemed to be a separate
retirement system with respect to each such division or part. If,
in the case of a separate retirement system which is deemed to exist
by reason of subparagraph (A) and which has been divided into two
divisions or parts pursuant to the first sentence of this subparagraph,
individuals become members of such system by reason of action taken
by a political subdivision after coverage under an agreement under
this section has been extended to the division or part thereof composed
of positions of individuals who desire such coverage, the positions
of such individuals who become members of such retirement system by
reason of the action so taken shall be included in the division or
part of such system composed of positions of members who do not desire
such coverage if (i) such individuals, on the day before becoming
such members, were in the division or part of another separate retirement
system (deemed to exist by reason of subparagraph (A)) composed of
positions of members of such system who do not desire coverage under
an agreement under this section, and (ii) all of the positions in
the separate retirement system of which such individuals so become
members and all of the positions in the separate retirement system
referred to in clause (i) would have been covered by a single retirement
system if the State had not taken action to provide for separate retirement
systems under this paragraph.

(D)(i) The position of
any individual which is covered by any retirement system to which
subparagraph (C) is applicable shall, if such individual is ineligible
to become a member of such system on August 1, 1956, or, if later,
the day he first occupies such position, be deemed to be covered by
the separate retirement system consisting of the positions of members
of the division or part who do not desire coverage under the insurance
system established under this title.

(ii) Notwithstanding
clause (i), the State may, pursuant to subsection (c)(4)(B) and subject
to the conditions of continuation or termination of coverage provided
for in subsection (c)(7), modify its agreement under this section
to include services performed by all individuals described in clause
(i) other than those individuals to whose services the agreement already
applies. Such individuals shall be deemed (on and after the effective
date of the modification) to be in positions covered by the separate
retirement system consisting of the positions of members of the division
or part who desire coverage under the insurance system established
under this title.

(E) An individual
who is in a position covered by a retirement system to which subparagraph
(C) is applicable and who is not a member of such system but is eligible
to become a member thereof shall, for purposes of this subsection
(other than paragraph (8)), be regarded as a member of such system;
except that, in the case of any retirement system a division or part
of which is covered under the agreement (either in the original agreement
or by a modification thereof), which coverage is agreed to prior to
1960, the preceding provisions of this subparagraph shall apply only
if the State so requests and any such individual referred to in such
preceding provisions shall, if the State so requests, be treated,
after division of the retirement system pursuant to such subparagraph
(C), the same as individuals in positions referred to in subparagraph
(F).

(F) In the case
of any retirement system divided pursuant to subparagraph (C), the
position of any member of the division or part composed of positions
of members who do not desire coverage may be transferred to the separate
retirement system composed of positions of members who desire such
coverage if it is so provided in a modification of such agreement
which is mailed, or delivered by other means, to the Commissioner
of Social Security prior to 1970 or, if later, the expiration of two
years after the date on which such agreement, or the modification
thereof making the agreement applicable to such separate retirement
system, as the case may be, is agreed to, but only if, prior to such
modification or such later modification, as the case may be, the individual
occupying such position files with the State a written request for
such transfer. Notwithstanding subsection (e)(1), any such modification
or later modification, providing for the transfer of additional positions
within a retirement system previously divided pursuant to subparagraph
(C) to the separate retirement system composed of positions of members
who desire coverage, shall be effective with respect to services performed
after the same effective date as that which was specified in the case
of such previous division.

(G) For the purposes
of this subsection, in the case of any retirement system of the State
of Florida, Georgia, Minnesota, North Dakota, Pennsylvania, Washington,
or Hawaii which covers positions of employees of such State who are
compensated in whole or in part from grants made to such State under
title III, there shall be deemed to be, if such State so desires,
a separate retirement system with respect to any of the following:

(ii) the positions
of all employees of such State covered by such retirement system who
are employed in the department of such State in which the employees
referred to in clause (i) are employed; or

(iii) employees
of such State covered by such retirement system who are employed in
such department of such State in positions other than those referred
to in clause (i).

(7) The certification
by the governor (or an official of the State designated by him for
the purpose) required under paragraph (3) shall be deemed to have
been made, in the case of a division or part (created under subparagraph
(C) of paragraph (6) or the corresponding provision of prior law)
consisting of the positions of members of a retirement system who
desire coverage under the agreement under this section, if the governor
(or the official so designated) certifies to the Commissioner of Social
Security that—

(A) an opportunity
to vote by written ballot on the question of whether they wish to
be covered under an agreement under this section was given to all
individuals who were members of such system at the time the vote was
held;

(B) not less than
ninety days’ notice of such vote was given to all individuals
who were members of such system on the date the notice was issued;

(C) the vote was
conducted under the supervision of the governor or an agency or individual
designated by him; and

(D) such system
was divided into two parts or divisions in accordance with the provisions
of subparagraphs (C) and (D) of paragraph (6) or the corresponding
provision of prior law.

For purposes of this paragraph, an individual in a position
to which the State agreement already applied or in a position excluded
by or pursuant to paragraph (5) shall not be considered a member of
the retirement system.

(8)(A) Notwithstanding
paragraph (1), if under the provisions of this subsection an agreement
is, after December 31, 1958, made applicable to service performed
in positions covered by a retirement system, service performed by
an individual in a position covered by such a system may not be excluded
from the agreement because such position is also covered under another
retirement system.

(B) Subparagraph
(A) shall not apply to service performed by an individual in a position
covered under a retirement system if such individual, on the day the
agreement is made applicable to service performed in positions covered
by such retirement system, is not a member of such system and is a
member of another system.

(C) If an agreement
is made applicable, prior to 1959, to service in positions covered
by any retirement system, the preceding provisions of this paragraph
shall be applicable in the case of such system if the agreement is
modified to so provide.

(D) Except in
the case of State agreements modified as provided in subsection (l)
and agreements with interstate instrumentalities, nothing in this
paragraph shall authorize the application of an agreement to service
in any policeman’s or fireman’s position.

Effective Date of Agreement

(e)(1) Any agreement or
modification of an agreement under this section shall be effective
with respect to services performed after an effective date specified
in such agreement or modification; except that such date may not be
earlier than the last day of the sixth calendar year preceding the
year in which such agreement or modification, as the case may be,
is mailed or delivered by other means to the Commissioner of Social
Security.

(2) In the case of
service performed by members of any coverage group—

(B) with respect
to which the agreement, or modification thereof making the agreement
so applicable, specifies an effective date earlier than the date of
execution of such agreement and such modification, respectively,

the agreement shall, if so requested by the State, be applicable
to such services (to the extent the agreement was not already applicable)
performed before such date of execution and after such effective date
by any individual as a member of such coverage group if he is such
a member on a date, specified by the State, which is earlier than
such date of execution, except that in no case may the date so specified
be earlier than the date such agreement or such modification, as the
case may be, is mailed, or delivered by other means, to the Commissioner
of Social Security.

(3) Notwithstanding
the provisions of paragraph (2) of this subsection, in the case of
services performed by individuals as members of any coverage group
to which an agreement under this section is made applicable, and with
respect to which there were timely paid in good faith to the Secretary
of the Treasury amounts equivalent to the sum of the taxes which would
have been imposed by sections 3101 and 3111 of the Internal Revenue
Code of 1986[227] had such services constituted employment
for purposes of chapter 21 of such Code[228] at the time they
were performed, and with respect to which refunds were not obtained,
such individuals may, if so requested by the State, be deemed to be
members of such coverage group on the date designated pursuant to
paragraph (2).

Duration of Agreement

(f) No agreement under this section may be terminated,
either in its entirety or with respect to any coverage group, on or
after the date of the enactment of the Social Security Amendments
of 1983[229].

Instrumentalities of Two or More States

(g)(1) The Commissioner
of Social Security may, at the request of any instrumentality of two
or more States, enter into an agreement with such instrumentality
for the purpose of extending the insurance system established by this
title to services performed by individuals as employees of such instrumentality.
Such agreement, to the extent practicable, shall be governed by the
provisions of this section applicable in the case of an agreement
with a State.

(A) employees
of such instrumentality are in positions covered by a retirement system
of such instrumentality or of any of such States or any of the political
subdivisions thereof, and

(B) such retirement
system is (on, before, or after the date of enactment of this paragraph[230]) divided into two divisions or parts, one of which is
composed of positions of members of such system who are employees
of such instrumentality and who desire coverage under an agreement
under this section and the other of which is composed of positions
of members of such system who are employees of such instrumentality
and who do not desire such coverage, and

(C) it is provided
that there shall be included in such division or part composed of
the positions of members desiring such coverage the positions of employees
of such instrumentality who become members of such system after such
coverage is extended,

then such retirement system shall, if such instrumentality so
desires, be deemed to be a separate retirement system with respect
to each such division or part. An individual who is in a position
covered by a retirement system divided pursuant to the preceding sentence
and who is not a member of such system but is eligible to become a
member thereof shall, for purposes of this subsection, be regarded
as a member of such system. Coverage under the agreement of any such
individual shall be provided under the same conditions, to the extent
practicable, as are applicable in the case of the States to which
the provisions of subsection (d)(6)(C) apply. The position of any
employee of any such instrumentality which is covered by any retirement
system to which the first sentence of this paragraph is applicable
shall, if such individual is ineligible to become a member of such
system on the date of enactment of this paragraph[231] or, if later, the day he first occupies such position, be deemed
to be covered by the separate retirement system consisting of the
positions of members of the division or part who do not desire coverage
under the insurance system established under this title. Services
in positions covered by a separate retirement system created pursuant
to this subsection (and consisting of the positions of members who
desire coverage under an agreement under this section) shall be covered
under such agreement on compliance, to the extent practicable, with
the same conditions as are applicable to coverage under an agreement
under this section of services in positions covered by a separate
retirement system created pursuant to subparagraph (C) of subsection
(d)(6) or the corresponding provision of prior law (and consisting
of the positions of members who desire coverage under such agreement).

(3) Any agreement with
any instrumentality of two or more States entered into pursuant to
this Act may, notwithstanding the provisions of subsection (d)(5)(A)
and the references thereto in subsections (d)(1) and (d)(3), apply
to service performed by employees of such instrumentality in any policeman’s
or fireman’s position covered by a retirement system, but only
upon compliance, to the extent practicable, with the requirements
of subsection (d)(3). For the purpose of the preceding sentence, a
retirement system which covers positions of policemen or firemen or
both, and other positions shall, if the instrumentality concerned
so desires, be deemed to be a separate retirement system with respect
to the positions of such policemen or firemen, or both, as the case
may be.

Delegation of Functions

(h) The Commissioner of Social Security is authorized,
pursuant to agreement with the head of any Federal agency, to delegate
any of the Commissioner’s functions under this section to any
officer or employee of such agency and otherwise to utilize the services
and facilities of such agency in carrying out such functions, and
payment therefor shall be in advance or by way of reimbursement, as
may be provided in such agreement.

Wisconsin Retirement Fund

(i)(1) Notwithstanding
paragraph (1) of subsection (d), the agreement with the State of Wisconsin
may, subject to the provisions of this subsection, be modified so
as to apply to service performed by employees in positions covered
by the Wisconsin retirement fund or any successor system.

(2) All employees in
positions covered by the Wisconsin retirement fund at any time on
or after January 1, 1951, shall, for the purposes of subsection (c)
only, be deemed to be a separate coverage group; except that there
shall be excluded from such separate coverage group all employees
in positions to which the agreement applies without regard to this
subsection.

(3) The modification
pursuant to this subsection shall exclude (in the case of employees
in the coverage group established by paragraph (2) of this subsection)
service performed by any individual during any period before he is
included under the Wisconsin retirement fund.

(4) The modification
pursuant to this subsection shall, if the State of Wisconsin requests
it, exclude (in the case of employees in the coverage group established
by paragraph (2) of this subsection) all service performed in policemen’s
positions, all service performed in firemen’s positions, or
both.

Certain Positions No Longer Covered By Retirement Systems

(j) Notwithstanding subsection (d), an agreement
with any State entered into under this section prior to the date of
the enactment of this subsection[232] may, prior to
January 1, 1958, be modified pursuant to subsection (c)(4) so as to
apply to services performed by employees, as members of any coverage
group to which such agreement already applies (and to which such agreement
applied on such date of enactment), in positions (1) to which such
agreement does not already apply, (2) which were covered by a retirement
system on the date such agreement was made applicable to such coverage
group, and (3) which, by reason of action by such State or political
subdivision thereof, as may be appropriate, taken prior to the date
of the enactment of this subsection, are no longer covered by a retirement
system on the date such agreement is made applicable to such services.

Certain Employees of the State of Utah

(k) Notwithstanding the provisions of subsection
(d), the agreement with the State of Utah entered into pursuant to
this section may be modified pursuant to subsection (c)(4) so as to
apply to services performed for any of the following, the employees
performing services for each of which shall constitute a separate
coverage group: Weber Junior College, Carbon Junior College, Dixie
Junior College, Central Utah Vocational School, Salt Lake Area Vocational
School, Center for the Adult Blind, Union High School (Roosevelt,
Utah), Utah High School Activities Association, State Industrial School,
State Training School, State Board of Education, and Utah School Employees
Retirement Board. Any modification agreed to prior to January 1, 1955,
may be made effective with respect to services performed by employees
as members of any of such coverage groups after an effective date
specified therein, except that in no case may any such date be earlier
than December 31, 1950. Coverage provided for in this subsection shall
not be affected by a subsequent change in the name of a group.

Policemen and Firemen in Certain States

(l) Any agreement with a State entered into pursuant
to this section may, notwithstanding the provisions of subsection
(d)(5)(A) and the references thereto in subsections (d)(1) and (d)(3),
be modified pursuant to subsection (c)(4) to apply to service performed
by employees of such State or any political subdivision thereof in
any policeman’s or fireman’s position covered by a retirement
system in effect on or after the date of the enactment of this subsection,
but only upon compliance with the requirements of subsection (d)(3).
For the purposes of the preceding sentence, a retirement system which
covers positions of policemen or firemen, or both, and other positions
shall, if the State concerned so desires, be deemed to be a separate
retirement system with respect to the positions of such policemen
or firemen, or both, as the case may be.

Positions Compensated Solely on a Fee Basis

(m)(1) Notwithstanding
any other provision in this section, an agreement entered into under
this section may be made applicable to service performed after 1967
in any class or classes of positions compensated solely on a fee basis
to which such agreement did not apply prior to 1968 only if the State
specifically requests that its agreement be made applicable to such
service in such class or classes of positions.

(2) Notwithstanding
any other provision in this section, an agreement entered into under
this section may be modified, at the option of the State, at any time
after 1967, so as to exclude services performed in any class or classes
of positions compensation for which is solely on a fee basis.

(3) Any modification
made under this subsection shall be effective with respect to services
performed after the last day of the calendar year in which the modification
is mailed or delivered by other means to the Commissioner of Social
Security.

(4) If any class or
classes of positions have been excluded from coverage under the State
agreement by a modification agreed to under this subsection, the Commissioner
of Social Security and the State may not thereafter modify such agreement
so as to again make the agreement applicable with respect to such
class or classes of positions.

(n)(1) The Commissioner
of Social Security shall, at the request of any State, enter into
or modify an agreement with such State under this section for the
purpose of extending the provisions of title XVIII, and sections 226 and 226A, to services performed by employees of such State or any political
subdivision thereof who are described in paragraph (2).

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